If a Landlord Discriminates Against You

86  |  A Legal guide for Lesbian and Gay Couples
O
ne first and favorite act of togetherness for many couples is
living together. Sometimes, a couple rents a new apartment or
house, making a fresh start, and often one person moves into a
place already occupied by the other partner. This chapter discusses how
you go about living together in a rental place, as well as discrimination
you may face from landlords.
Resource
If you are buying a house together or moving into a home that your
partner already owns, look at Chapter 9.
If a Landlord Discriminates Against You
Some states, counties, and cities have laws or regulations that forbid
landlords from discriminating against people on the basis of sexual
orientation. To find out whether you live in one of these locations,
contact the nearest LGBT organization or tenants’ rights organization.
(Check your local phone book or the Internet to find these groups.)
Even if you’re protected by a nondiscrimination ordinance, some
landlords may still argue that they don’t have to rent to you. One
argument a landlord might make is that being forced to rent to a certain
type of person—gay men, lesbians, or any unmarried couples—violates
their protected religious beliefs. While some state supreme courts have
ruled that a nondiscrimination law takes precedence, at least one federal
court has ruled otherwise, saying religious convictions prevail and
allowing landlords to refuse to rent to gay and lesbian couples. The law
that applies to you will depend on where you live, so you will probably
need to consult a lawyer or a tenants’ rights or gay rights organization to
find out what your rights are.
Caution
Landlords are allowed to discriminate for legitimate business
reasons. Even if you live in a state or city that prohibits discrimination, landlords
chapter 4  | renting a home together |  87
may reject you if a reasonable landlord would conclude that you’re a poor risk—
for example, if you have a bad credit history or negative references from other
landlords.
If you live in a place with no antidiscrimination ordinance, and a
landlord discriminates against you on the basis of your sexual orientation,
there’s usually not much you can do, short of filing suit and hoping to
make some good new law. So the question becomes whether to inform
a prospective landlord that you’re gay. Your sexual orientation is not
the landlord’s business, and nothing legally requires you to volunteer
the information, so the question is tactical, not legal. Most landlords
are concerned with getting the rent on time and having responsible
tenants, not with your private life. But if the landlord lives downstairs
and is almost sure to figure it out, it may make sense to be candid. (On
the other hand, you may want to first get into the place, demonstrate
that you are a great tenant, and later share your news, having shown by
your actions that sexual orientation doesn’t matter.) If the landlord lives
halfway across the country, why bother?
Once you’re living in your new place, you might be concerned
about being evicted if the landlord discovers your relationship. If you
rent under a month-to-month tenancy in an area where you have no
antidiscrimination protection and there is no rent control, in most places
your landlord can simply give you a 30-day notice to get out. If you
have a lease for a fixed time or live in a place that requires landlords to
have a “just cause” to evict someone, the landlord cannot terminate your
tenancy midlease unless you have not paid the rent, have broken another
important term of the lease, or are engaging in illegal activity on or near
the premises. In addition, you can be evicted if you make too much
noise (disturbing the “quiet enjoyment” of your neighbors), damage the
apartment and refuse to pay for repairs, or get a pet in violation of a “no
pets” clause. Being gay or lesbian is not a “just cause” for eviction.